Joshi & ors v Mahida [2013] EWHC 486 (Ch)
Wills & Trusts Law Reports | June 2013 #130Kiritkumar Mahendersinh Mahida (testator) and his wife, the defendant, owned (inter alia) freehold property at 148-152 Leytonstone Road London as beneficial joint tenants. They were, however, separated when the testator made his last will (will) on 17 July 2002. After appointing the first and second claimants his executors and trustees, the testator gave certain property to his brother, the third claimant, and his three sons, the fourth to sixth claimants. In particular, by clause 3(c) he gave them an interest in the property at Leytonstone Road, but unfortunately expressed the ...
Re Wilson (dec’d) [2013] EWHC 499 (Ch)
Wills & Trusts Law Reports | June 2013 #130The testatrix Iris Wilson (Iris) made a will dated 31 August 2010 and died on 6 October 2010. Her will appointed the first defendant Mr Phythian as the sole executor and left her personal effects and the residue of her estate to the second defendant Mrs Phythian and the property known as North Lodge in Yalding Kent in equal shares to Mr and Mrs Phythian.
Mrs Lynda Turner (the claimant) the niece of Iris challenged the will on three grounds:
- Lack of proper execution.
- Lack of mental capacity.
- Lack of knowledge and approval of the contents of the will.<...
Hawes v Burgess & anr [2013] WTLR 453
Wills & Trusts Law Reports | April 2013 #128Daphne Burgess, the deceased (D), died in May 2009 aged 80. She had three children: the appellant, Julia (J), and the respondents, Peter (P) and Libby (L). P and the deceased were very close. He organised her finances and in 2006 bought a bungalow for her to live in. It was to remain in his name, but subject to a lease to his mother to give her security. They agreed that she would pay £21,000 towards the cost of a new kitchen and bathroom that she wanted installed. J and P fell out for a number of reasons, mainly connected with the purchase of the bungalow and related arrangements affect...
Singh & ors v Ahluwalia [2012] EWCA Civ 1635
Wills & Trusts Law Reports | March 2013 #127The testator, Ranjit Singh (D), died in 2009. He had executed a will dated 3 May 1999, naming his eldest son, the claimant (J), as executor and sole beneficiary. The will was attested by two witnesses, Maurice Grantham (G) and Gurdial Ahluwalia (A). D’s daughter, Balvinder Ahluwalia (B), challenged the will on the grounds that the two witnesses had signed it on two separate and distinct occasions at different places. G gave evidence that he had signed the will when D visited his house and he was the only witness present, but he was not able to identify the will when it was shown to...
Morris v Davies & ors [2012] EWHC 1981 (Ch)
Wills & Trusts Law Reports | November 2012 #124The deceased, Owen Davies (D), was born in England but died in France. He was living in Belgium at the time but owned a house in England and had made a will in England some 12 years before his death under which the fifth defendant, his uncle Clive Davies (Clive), was interested in residue. He was not on good terms with his mother and siblings represented by the first to third defendants (the family defendants (FD)) when he made his will and they contested probate proceedings claiming that D had died domiciled in Belgium and that the will was null and void under Belgium law, pleaded that ...
Re Foote Estate [2011] ABCA 1
Wills & Trusts Law Reports | September 2012 #122Eldon Foote, the deceased (D) was born in Alberta and lived there for the first 43 years of his life. He married and had five children there. When he died in 2004, his estate was worth approximately $130m. He also controlled a charitable foundation worth approximately $80m and had other assets worth approximately $10m. The bulk of his assets were held through corporations in the British Virgin Islands, and he had some investments and investment properties in Norfolk Island and a cabin in Alberta. D had left Alberta in 1967 to start his business in Australia and, over the next three years...
Lilleyman v Lilleyman & anr [2012] EWHC 821 (Ch)
Wills & Trusts Law Reports | July/August 2012 #121Mrs Barbara Lilleyman applied for reasonable financial provision from the estate of her late husband Mr Roy Lilleyman pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act). Nigel and Christopher Lilleyman, who were Mr Lilleyman’s sons from a previous marriage, were the executors of Mr Lilleyman’s estate under his will dated 20 May 2008. Nigel and Christopher Littleman were the principal beneficiaries of Mr Lilleyman’s estate and were the defendants to Mrs Lilleyman’s application.
Mr and Mrs Lilleyman had each been married previously and each had two...
Austin v Woodward & anr [2011] EWHC 2458 (Ch)
Wills & Trusts Law Reports | May 2012 #119The claim (issued on 3 November 2010) was made by the claimant for rectification of her mother’s will dated 6 October 2003 under s20 of the Administration of Justice Act 1982 and for permission to extend time for the issue of the claim form as probate of the will had been granted in June 2009. On the wording of the unrectified will a property, which was the claimant’s home, passed into residue in which the claimant had a life interest with remainder to the third and fourth defendants (the testator’s grandchildren). The testator’s previous will had provided that th...